The Kellys and the O'Kellys eBook

Sheil’s speech was one of those numerous anomalies
with which this singular trial was crowded; and which,
together, showed the great difficulty of coming to
a legal decision on a political question, in a criminal
court. Of this, the present day gave two specimens,
which will not be forgotten; when a Privy Councillor,
a member of a former government, whilst defending
his client as a barrister, proposed in Court a new
form of legislation for Ireland, equally distant from
that adopted by Government, and that sought to be
established by him whom he was defending; and when
the traverser on his trial rejected the defence of
his counsel, and declared aloud in Court, that he would
not, by his silence, appear to agree in the suggestions
then made.

This spirit of turning the Court into a political
debating arena extended to all present. In spite
of the vast efforts made by them all, only one of
the barristers employed has added much to his legal
reputation by the occasion. Imputations were made,
such as I presume were never before uttered by one
lawyer against another in a court of law. An
Attorney-General sent a challenge from his very seat
of office; and though that challenge was read in Court,
it was passed over by four judges with hardly a reprimand.
If any seditious speech was ever made by O’Connell,
that which he made in his defence was especially so,
and he was, without check, allowed to use his position
as a traverser at the bar, as a rostrum from which
to fulminate more thoroughly and publicly than ever,
those doctrines for uttering which he was then being
tried; and, to crown it all, even the silent dignity
of the bench was forgotten, and the lawyers pleading
against the Crown were unhappily alluded to by the
Chief Justice as the “gentlemen on the other
side.”

Martin and John patiently and enduringly remained
standing the whole day, till four o’clock; and
then the latter had to effect his escape, in order
to keep an appointment which he had made to meet Lord
Ballindine.

As they walked along the quays they both discussed
the proceedings of the day, and both expressed themselves
positively certain of the result of the trial, and
of the complete triumph of O’Connell and his
party. To these pleasant certainties Martin added
his conviction, that Repeal must soon follow so decided
a victory, and that the hopes of Ireland would be
realised before the close of 1844. John was neither
so sanguine nor so enthusiastic; it was the battle,
rather than the thing battled for, that was dear to
him; the strife, rather than the result. He felt
that it would be dull times in Dublin, when they should
have no usurping Government to abuse, no Saxon Parliament
to upbraid, no English laws to ridicule, and no Established
Church to curse.

The only thing which could reconcile him to immediate
Repeal, would be the probability of having then to
contend for the election of an Irish Sovereign, and
the possible dear delight which might follow, of Ireland
going to war with England, in a national and becoming
manner.